Part 4

Health Board and local authority functions
Chapter 2

Local authority functions

Provision of services

Services designed to promote well-being and social development
26
1
A local authority—
a
shall—
i
provide, for persons who are not in hospital and who have or have had a mental disorder, services which are designed to promote the well-being and social development of those persons; or
ii
secure the provision of such services for such persons; and
b
may—
i
provide such services for persons who are in hospital and who have or have had a mental disorder; or
ii
secure the provision of such services for such persons.
2
Services provided by virtue of subsection (1) above shall include, without prejudice to the generality of that subsection, services which provide—
a
social, cultural and recreational activities;
b
training for such of those persons as are over school age; and
c
assistance for such of those persons as are over school age in obtaining and in undertaking employment.
3
Subsection (1) above is without prejudice to the operation of—
a
section 1 of the Education (Scotland) Act 1980 (c. 44) (duties and powers of education authorities in relation to the provision of social, cultural and recreative activities and vocational and industrial training); and
b
section 1 of the Further and Higher Education (Scotland) Act 1992 (c. 37) (duty of Scottish Ministers in relation to the provision of further education).
4
In subsection (2)(b) and (c) above, “school age” has the same meaning as in section 31 of the Education (Scotland) Act 1980 (c. 44).
Ss. 25-27 restricted (5.10.2005) by The Mental Health (Care and Treatment) (Scotland) Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/2078), arts. 1(1), 14(1)
S. 26 in force at 5.10.2005 by S.S.I. 2005/161, art. 3 (as substituted (1.7.2005) by S.S.I. 2005/375, art. 2 and as amended (22.9.2005) by S.S.I. 2005/459, art. 2)
Ss. 25-27 excluded (1.4.2015) by Care Act 2014 (c. 23), s. 127(1), Sch. 1 paras. 1(3), 4(3)(b) (with Sch. 1 paras. 8, 14); S.I. 2015/993, art. 2(x)(i) (with transitional provisions in S.I. 2015/995)